April 28, 1998
To:Emergency and Protective Services Committee
From:H.W.O. Doyle
City Solicitor
Subject:Court Challenge to Metropolitan Toronto By-law No. 129-95
Respecting Lap Dancing
Purpose:
The purpose of this Report is to advise of the final outcome of the court challenge to Metropolitan Toronto By-law No.
129-95 respecting lap dancing.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendations:
It is recommended that this report be received and forwarded to City Council for information.
Council Reference/Background/History:
By Clause No. 1 to Report 13 of the Human Services Committee adopted by the former Metropolitan Council at its
meeting of August 17, 1995, Metropolitan Council enacted and passed By-law No. 129-95, being a by-law further
regulating licensed adult entertainment parlours by requiring that there be no touching between patrons and attendants
performing services in these premises.
At its meeting of March 27, 1996, Metropolitan Council adopted Clause No. 7 of Report 4 of the Human Services
Committee forwarding to Metropolitan Council my Report of February 14, 1996 regarding the decision of the Divisional
Court released on October 30, 1995 upholding the validity of By-law No. 129-95.
At its meeting of December 18, 1997 Metropolitan Council adopted Clause No. 8 of Report 13 of the Human Services
Committee forwarding to Metropolitan Council my Report of November 3, 1997 and my Supplementary Report of
December 3, 1997 regarding the decision of the Court of
Appeal for Ontario released on September 22, 1997, upholding the validity of Metropolitan Toronto By-law No. 129-95.
Comments and/or Discussion and/or Justification:
As described in my Reports of February 14, 1996, November 3, 1997 and December 3, 1997, the Divisional Court
dismissed the Application for Judicial Review challenging the validity of the by-law by reasons released on October 30,
1995 and the Court of Appeal for Ontario dismissed the Applicant=s appeal from the decision of the Divisional Court by
reasons released on September 22, 1997.
On November 21, 1997, the Applicant served and filed an application for leave to appeal to the Supreme Court of Canada.
This application was dismissed with costs by the Supreme Court of Court on February 19, 1998. Accordingly, the legal
validity of Metropolitan Toronto By-law No. 129-95 has been settled by the Courts.
Conclusions:
It is recommended that this report be received and forwarded to City Council for information.
Contact Name:
George S. Monteith 392-8062
Ansuya Pachai 392-9074
H.W.O. Doyle
City Solicitor
